Summary: We have decided not to investigate this complaint about the Council providing incorrect advice to Miss X and delays in assessing her housing register application. The Council has upheld the complaint and has agreed to remedy Miss X’s injustice by way of an apology and payment of £150. Further investigation by us would not be proportionate.

The complaint

1. Miss X complains the Council gave her incorrect advice about its housing allocations process and then delayed assessing her application by almost a year. She says she would not have applied had she received the correct advice at the start.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code, the Council’s Housing Allocations Scheme (from November 2013) and information about the Council’s Smart Move Scheme, as published online.

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My assessment

6. In August 2023, Miss X applied to join the Council’s housing register as she wanted to move to a smaller property.
7. In May 2024, the Council assessed Miss X’s application. It decided to award her Band 1 with a one-bedroom need.
8. In June, Miss X complained to the Council about her assessed bedroom need and advice given to her during the application process. She said that she would not have applied to join the housing register if the Council had told her she would only be able to bid on one-bedroom properties as she wanted a two bedroom.
9. The Council apologised to Miss X both for the delays and incorrect advice given. And it awarded her £150 in recognition of its delay.
10. I am satisfied the Council has provided a suitable remedy for any injustice Miss X has suffered. I also note that it already has an action plan in place to address the backlog of housing applications. For these reasons, it is unlikely an investigation would add to the Council’s previous investigation or lead to a different outcome.

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Final decision

11. We will not investigate Miss X’s complaint about the Council providing incorrect advice and delays in assessing her housing register application. This is because the Council provided a suitable remedy during its complaints process.

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Investigator's decision on behalf of the Ombudsman